Legal Impact of End of Common Law Relationship on Will and Estate Planning
To schedule an appointment, contact our law firm at 403-400-4092 or Chris@NeufeldLegal.com
In Alberta, the end of a common-law relationship (an adult interdependent partner relationship) doesn't automatically revoke a will. However, under the Wills and Succession Act (Alberta), if your former adult interdependent partner was a named beneficiary, personal representative (executor), or trustee in your will, those appointments are treated as if the former adult interdependent partner had predeceased you (although this isn't necessarily one's only estate planning document of concern, which require immediate attention), provide that you have formalized the end of your adult interdependent partner relationship [more on how end is formalized].
The legal effect of the formalized end of your adult interdependent partner relationship pursuant to the Wills and Succession Act (Alberta) is to treat your former adult interdependent partner as if they had predeceased you. This means:
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Beneficiary Gifts are Revoked: Any gift, inheritance, or share of your estate that was left to your former adult interdependent partner is automatically cancelled.
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Appointments are Revoked: Any role your former adult interdependent partner was assigned in the will, such as personal representative (executor), trustee, or guardian of your minor children, is also automatically revoked.
This rule applies unless your will explicitly states that the gifts or appointments to your former adult interdependent partner should remain valid despite the end of your common law relationship. However, if you have not formalized the end of your adult interdependent partner relationship, your partner could very well be legally entitled to receive what is set out in the will as a beneficiary, as well as acting upon any appointments contained therein.
However, it is critically important to understand that the "deemed predeceased" rule under the Wills and Succession Act (Alberta) does not apply to other estate planning documents. This is a critical point that can lead to serious unintended consequences if not properly addressed.
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Beneficiary Designations: Documents like life insurance policies, Registered Retirement Savings Plans (RRSP), Registered Retirement Income Funds (RRIF), Tax-Free Savings Accounts (TFSA), Life Income Funds (LIF) and pension plans have their own beneficiary designations that are separate from your will. The end of a common law relationship does not automatically change these. If your former adult interdependent partner is named as the beneficiary on these accounts, they will still receive the funds upon your death, regardless of the will. You must contact the financial institution to change these designations directly.
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Power of Attorney and Personal Directive: The end of a common law relationship does not automatically revoke the appointments under one's powers of attorney / personal directives. If your former adult interdependent partner is named as your attorney or agent in these legal documents, they will retain that authority. You must formally revoke these legal documents and create new ones.
Because the end of a common law relationship has such a drastic, yet incomplete, effect on your estate plan, it is essential to formalize the end of the relationship and create a new will and update all other estate planning documents as soon as your common law relationship has ended. This is critical to ensuring that your assets are distributed according to your current wishes and to prevent your former adult interdependent partner from having any legal claim or decision-making power over you or your estate.
Contact our law firm today to learn how our legal team can help you with addressing your personal legal situation as it relates to your will and other estate planning arrangements following the end of your common law relationship (adult interdependent partner relationship). Contact our law firm at 403-400-4092 or via email at Chris@NeufeldLegal.com to schedule a confidential initial consultation.
IMPORTANT NOTE: This website is designed for general informational purposes. The site is not designed to answer specific questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as substitute for individual legal advice. If you want specific legal advice, you need to engage a lawyer under established legal engagement procedures that have been specifically agreed to by that lawyer.
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